Delgado v. Magical Cruise Company, Limited

Filing 49

ORDER denying 40 Motion to Compel answers to interrogatories; denying 41 Motion to Compel documents responsive to requests for production; denying as moot 46 Motion for Hearing. Signed by Magistrate Judge Thomas B. Smith on 7/18/2017. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JORGE DELGADO,
Plaintiff,
v.

Case No: 6:15-cv-2139-Orl-41TBS

MAGICAL CRUISE COMPANY,
LIMITED,
Defendant.
ORDER
This case comes before the Court without oral argument on Plaintiff’s Motion to
Compel Better Answers to Interrogatories, filed June 8, 2017 (Doc. 40); Plaintiff’s Motion
to Compel Documents Responsive to His First Request for Production, filed June 19,
2017 (Doc. 41); and Plaintiff’s Motion for a Telephonic Hearing Regarding Plaintiff’s
Motion to Compel Better Answers to Interrogatories, and Plaintiff’s Motion to Compel
Documents Responsive to His First Request for Production (Doc. 46).
The Case Management and Scheduling Order (“CMSO”) established a June 5,
2017 deadline for the completion of all discovery in this case (Doc. 20). Although two
subsequent Orders were issued rescheduling the trial date, status conference, and
deadline for mediation (Docs. 23, 24), neither of those Orders disturbed the discovery
deadline or the other provisions of the CMSO which provides:
D. Discovery Deadline – Each party shall timely serve
discovery requests so that the Rules allow for a response prior
to the discovery deadline. The Court may deny as untimely all
motions to compel filed after the discovery deadline.
(Doc. 20 at 3).

Plaintiff’s Motion to Compel Better Answers to Interrogatories and Motion to
Compel Documents (Docs. 40, 41) were both filed after the deadline. The Court has twice
reminded the parties of this deadline 1 and it was the subject of much discussion at the
telephonic hearing held May 26, 2017 (Doc. 45-3). Now, the motions to compel are
DENIED as untimely. The motion for telephonic hearing (Doc. 46) is DENIED as moot.
DONE and ORDERED in Orlando, Florida on July 18, 2017.

Copies furnished to Counsel of Record

See Doc. 29, pg. 5 (“That said, the deadline to complete all discovery is June 5, 2017...”); and
Doc. 37, pg. 2 (“the discovery deadline is set to expire June 5, 2017 ...”).
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